2025/00250144
| Date | Party | Submission |
|---|---|---|
| Appellant | Draft Notice of Appeal (PDF, 240.1 KB) | |
| 11/7/25 | Appellant | Applicant's Summary of Argument (PDF, 578.2 KB) |
| 29/7/25 | Respondent | First Respondent's Written Submissions (PDF, 569.7 KB) |
| 5/8/25 | Appellant | Appellant's Submissions in Reply (PDF, 331.5 KB) |
PROCEDURE – the applicant seeks leave to appeal from the interlocutory decision of the Dust Diseases Tribunal granting leave nunc pro tunc to the First Respondent to amend his pleadings in accordance with a second amended statement of claim.
The applicant’s complaint in the summons seeking leave to appeal is that various allegations advanced by the first respondent in the second amended statement of claim, characterised by the “occupier’s liability allegations”, should be struck out on the basis that there is no evidence to justify those amendments. The application is brought under s 32(4)(a) of the Dust Diseases Tribunal Act 1989 (NSW) and s 48 of the Supreme Court Act 1970 (NSW). It appears that the First Respondent has a limited prognosis and it seems likely that there will be an expedited hearing in the Dust Diseases Tribunal.
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